Douglas v. Pontiac General Hospital

I respectfully dissent. Plaintiff argues that defendant Baker is not entitled to governmental immunity because he was not an agent of the hospital and because his negligence consisted of ministerial rather than discretionary acts. I disagree.

Agents of a governmental entity are entitled to governmental immunity for discretionary acts performed within the scope of their authority in good faith. Ross v Consumers Power Co (On Rehearing), 420 Mich 567, 633-634; 363 NW2d 641 (1984). I reject plaintiff’s argument that defendant Baker’s status as an independent contractor precludes Baker from…